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Litigation Commons

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Mercer Law Review

2021

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Articles 1 - 3 of 3

Full-Text Articles in Litigation

Trial Practice And Procedure, Brandon L. Peak, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Daniel E. Philyaw, L'Zandra V. Jones Dec 2021

Trial Practice And Procedure, Brandon L. Peak, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Daniel E. Philyaw, L'Zandra V. Jones

Mercer Law Review

This Article addresses selected opinions and legislation of interest to the Georgia civil trial practitioner issued during the Survey period of this publication.


Trial Practice And Procedure, John O'Shea Sullivan, Kevin R. Stone Jul 2021

Trial Practice And Procedure, John O'Shea Sullivan, Kevin R. Stone

Mercer Law Review

The 2020 survey period yielded noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit, several of which involved issues of first impression. This Article analyzes recent developments in the Eleventh Circuit, including significant rulings in the areas of statutory interpretation, subject matter jurisdiction, civil procedure, class actions, and other issues of interest to the trial practitioner.


Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr Jul 2021

Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr

Mercer Law Review

A major decision outlawing “incentive” or “service” awards to named class representatives in settlements highlighted the United States Court of Appeals for the Eleventh Circuit’s class-action work during 2020. The court became the first court to prohibit such awards, disrupting settlement negotiations across the circuit—if not elsewhere—while challenging courts and litigants to identify the precise scope of the new doctrine. In other cases this year, the court tackled issues related to class settlements, standing, and exceptions to Class Action Fairness Act (CAFA) jurisdiction, and decided what looks to be the beginning of the end of the Florida tobacco-litigation appeals that …